Are you a motor vehicle trader?
A person selling his or her own car to another consumer is not deemed to be a 'motor vehicle trader'.
A 'motor vehicle trader' is someone who, in a 12 month period:
- sells more than six motor vehicles for financial gain; or
- imports more than three motor vehicles for financial gain.
These people are presumed to be in the business of motor vehicle trading unless they can prove otherwise.
Under the Motor Vehicle Sales Act 2003, a motor vehicle means "a road vehicle that is drawn or propelled by mechanical power and is of the kind ordinarily acquired by consumers for personal, domestic or household use". For example, motor vehicles include cars, motorhomes, utes, off-road vehicles, and motorcycles over 60cc.
'Motor vehicles' exclude the following:
- Mopeds (less than 60cc)
- Buses
- Caravans
- Trailers
- Diggers, excavators, forklifts
- Tractors and farm machinery
- Commercial trucks
- Aircraft
- Boats and jetskis
- Mobility scooters
- Motor vehicle parts
If you are in doubt whether an item is a 'motor vehicle', please refer to the Motor Vehicle Sales Act, or seek further independent advice.
Motor vehicle traders must be registered. Traders can register online at www.motortraders.med.govt.nz, or on paper (forms are available from the website or on request by calling freephone 0508 MOTORTRADERS (0508 668 678)).
Failure to register is a breach of the Act and could result in prosecution. For more detail on offences, see sections 95-110 of the MVSA at www.legislation.govt.nz.